What is a summary application?
The summary application procedure is used for a number of different types of action; for example applications for mortgage repossessions, applications relating to adults with incapacity, or antisocial behaviour. It is also used when appealing against certain decisions made by other organisations, and in these cases the legislation will specifically state that the appeal is to be lodged using the summary application procedure. An example of this would be appeals against decisions made by organisations such as the local authority in relation to a decision about the issuing of a taxi licence.
Which forms do I need to use?
There is no set application form to be completed when using the summary application procedure; instead it is raised using an initial writ. There is a style available within the Summary Application Rules , and can be accessed at: Form 1
How much will it cost?
Court fees are payable for lodging these applications in court, and the current fees can be found in the Sheriff Court Fees section. You may be entitled to fee exemption, for example if you are entitled to certain state benefits. Further information can be found in the Court Fees section and the fee exemption application form.
You should note that these fees do not include any fees you may need to pay if you have instructed a solicitor to help you. The solicitor can give you information on these costs.
The Summary Application Rules.
As the procedure is complex, we would recommend seeking legal advice. You can get contact details for solicitors from the Law Society of Scotland.
The Citizens Advice Bureau can also assist you; you can find contact details for your local office on the Citizens Advice Bureau website.
Where can I get legal advice?
Scottish Court Service staff are not legally qualified and therefore cannot provide you with any legal advice. If you do need legal advice, the Law Society of Scotland can provide contact details for solicitors in your area.
Please Note: The information above cannot cover every situation which might arise in the course of a claim. You should also note that this information is not the authority upon which the procedure is based. The formal authority is contained in the rules.